Topic
Sentencing
11,938 published works
Criminal
“From Damage Caps to Decarceration: Extending Tort Law Safeguards to Criminal Sentencing”
The title of this post is the title of this new article on SSRN authored by Andrea Roth and Jane Bambauer. Here is its abstract:The Supreme Court has recognized a…
Sentencing Law and Policy
Wonderful new <em>Federal Sentencing Reporter</em> issue explores "Weinstein on Sentencing"
I am so very pleased to report on the publication of the latest issue of the Federal Sentening Reporter. This issue is titled "Weinstein on Sentencing" and it celebrates the…
Sentencing Law and Policy
Senators Durbin and Grassley re-introduce "Prohibiting Punishment of Acquitted Conduct Act"
Back in 2019, I was pleased to be able to blog here about a legialative effort to prohibit judicial reliance on "acquitted conduct" in the federal sentencing system. I am…
White Collar Crime Prof Blog
Prohibiting Punishment of Acquitted Conduct Act of 2021
By Ellen Podgor
Perhaps one of the most difficult issues to explain to students is that acquitted conduct may be used by a court in sentencing someone convicted of a crime. And it…
Health Law Prof Blog
The Value of Remorse as a ‘Therapeutic Tool’ for Probation Officers in Sentencing
Colleen Berryessa (Rutgers), Ashley Balavender (Rutgers), The Value of Remorse as a 'Therapeutic Tool' for Probation Officers in Sentencing, The Therapeutic Jurisprudence Implications of Judicial Decision-Making by Non-Judicial Officers. Philadelphia,…
Criminal
Lots of SCOTUS talk and debate over the “categorial approach” and ACCA proof burdens in immigration decision
The Supreme Court this morning handed down a 5-3 ruling in Pereida v, Wilkenson, No. 19-438 (S. Ct. Mar. 4, 2021) (available here), in which the majority holds that, under…
Health Law Prof Blog
Correctional and Sentencing Law Commentary: Compassionate Release, the First Step Act, and COVID-19
Christine S. Scott-Hayward (California State University), Correctional and Sentencing Law Commentary: Compassionate Release, the First Step Act, and COVID-19, 57(1) Crim. L. Bulletin 89 (2021):The COVID-19 outbreak exacerbated all of…
Sentencing Law and Policy
SCOTUS grants cert on yet another intricate Armed Career Criminal Act issue
The Supreme Court is back in action today after its February hibernation, and it kicked off a new round of activity with this long order list. Though I suspect some…
Canadian Lawyer Mag
Systemic racism is not irrelevant in sentencing Black offenders
Ontario's top court is yet again hearing tired arguments about ignoring systemic discrimination
Sentencing Law and Policy
The Sentencing Project releases "No End in Sight: America’s Enduring Reliance on Life Imprisonment"
The Sentencing Project has done remarkable work in recent years tracking (and advocating against) the growth of life and functional life sentences in the United States. This great work continues…